[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32956-32959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10996]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1049; Project Identifier AD-2023-00591-R; 
Amendment 39-22441; AD 2023-10-05]
RIN 2120-AA64


Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Emergency Airworthiness Directive (AD) 
2023-07-51, which applied to all Leonardo S.p.a. Model AB139 and AW139 
helicopters and which was previously sent to all known U.S. owners and 
operators of those helicopters. Emergency AD 2023-07-51 required 
inspecting for a gap between the main rotor (M/R) pitch link upper rod 
end assembly bearing and the pitch control lever assembly and, 
depending on the results, replacing or re-identifying the M/R pitch 
link upper rod end assembly. Emergency AD 2023-07-51 also prohibited 
installing an affected M/R pitch link upper rod end assembly. Since the 
FAA issued Emergency AD 2023-07-51, it has been determined that a gap 
between the M/R pitch link upper rod end assembly bearing and the pitch 
control lever assembly that is within a certain dimension tolerance is 
acceptable. This AD continues to require the actions in Emergency AD 
2023-07-51, as specified in a European Union Aviation Safety Agency 
(EASA) AD, which is incorporated by reference in this AD, but allows a 
gap of less than 0.5 mm. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective June 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 7, 
2023.
    The FAA must receive comments on this AD by July 7, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1049; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is incorporated by reference in 
this final rule, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, 
Germany; telephone +49 221 8999 000; email [email protected]; internet 
easa.europa.eu. You may find the EASA material on the EASA website at 
ad.easa.europa.eu.
     You may view this service information at the FAA, Office 
of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110. It is also available at 
regulations.gov under Docket No. FAA-2023-1049.
    Other Related Service Information: For Leonardo Helicopters service 
information that is identified in this final rule, contact Leonardo 
S.p.A., Emanuele Bufano, Head of Airworthiness, Viale G. Agusta 520, 
21017 C Costa di Samarate (Va) Italy; telephone (+39) 0331-225074; fax 
(+39) 0331-229046; or at customerportal.leonardocompany.com/en-US/. You 
may also view this service information at the FAA contact information 
under Material Incorporated by Reference above.

FOR FURTHER INFORMATION CONTACT: Dan McCully, Program Manager, 
International Validation Branch, FAA, 1600 Stewart Ave., Suite 410, 
Westbury, NY 11590; telephone (404) 474-5548; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1049; Project Identifier AD-
2023-00591-R'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Dan 
McCully, Program Manager, International Validation Branch, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474-5548; 
email [email protected]. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Background

    The FAA issued Emergency AD 2023-07-51 on March 31, 2023, to 
address an unsafe condition on all Leonardo S.p.a. Model AB139 and 
AW139 helicopters.

[[Page 32957]]

The FAA sent Emergency AD 2023-07-51 to all known U.S. owners and 
operators of those helicopters.
    Emergency AD 2023-07-51 required inspecting for a gap between the 
M/R pitch link upper rod end assembly bearing and the pitch control 
lever assembly and, depending on the results, replacing or re-
identifying the M/R pitch link upper rod end assembly. Emergency AD 
2023-07-51 also prohibited installing an affected M/R pitch link upper 
rod end assembly.
    Emergency AD 2023-07-51 was prompted by EASA Emergency AD 2023-
0071-E, dated March 31, 2023 (EASA AD 2023-0071-E), issued by EASA, 
which is the Technical Agent for the Member States of the European 
Union. EASA advises of a report of excessive play of a bearing 
installed in an M/R pitch link upper rod end assembly part number (P/N) 
3G6230A01133. EASA also advises that subsequent investigation revealed 
that the excessive play was due to incorrect installation of the 
bearing during production. You may examine EASA AD 2023-0071-E in the 
AD docket at regulations.gov under Docket No. FAA-2023-1049.
    The FAA issued Emergency AD 2023-07-51 to detect incorrect 
installation of a bearing. This condition, if not addressed, could 
result in a crack in the M/R pitch link upper rod end assembly, failure 
of the M/R pitch link upper rod end assembly, and subsequent loss of 
control of the helicopter.

Actions Since Emergency AD 2023-07-51 Was Issued

    Since the FAA issued Emergency AD 2023-07-51, Leonardo Helicopters 
contacted the FAA and clarified that a gap not exceeding 0.5 mm between 
the pitch link top bearing and associated seat is permitted in the 
service information required by EASA AD 2023-0071-E to accommodate the 
sliding of the bushing into the lug per design. Leonardo Helicopters 
also stated that prohibiting any gap may ground some helicopters that 
are within design parameters. Leonardo Helicopters subsequently 
submitted a request for a global alternative method of compliance 
(AMOC), which the FAA approved. The global AMOC allowed measuring the 
gap between the M/R pitch link upper rod end assembly bearing and the 
pitch control lever assembly on each side without cleaning the area or 
using a feeler gauge. The approved global AMOC also allowed a gap up to 
and including 0.5 mm in width. From additional review since issuance of 
the global AMOC, the FAA has determined that cleaning the inspection 
area and using a feeler gauge for the inspection are required. The FAA 
has also reduced the maximum allowable gap to less than 0.5 mm. 
Accordingly, the global AMOC approved for Emergency AD 2023-07-51 is 
not approved as an AMOC for the corresponding requirements of this AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0071-E requires a one-time dimensional check of 
affected M/R pitch link upper rod end assemblies and, depending on the 
results, replacing or re-identifying the affected part. EASA AD 2023-
0071-E also prohibits installing an affected M/R pitch link upper rod 
end assembly.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Other Related Service Information

    The FAA reviewed Leonardo Helicopters Emergency Alert Service 
Bulletin No. 139-754, dated March 31, 2023. This service information 
specifies procedures for certain serial-numbered M/R pitch link upper 
rod end assemblies P/N 3G6230A01133 that are not marked with the letter 
``R.'' This service information specifies a one-time inspection by 
cleaning the upper M/R pitch link upper rod end assembly bearing, bolt, 
and pitch lever assembly; and using a feeler gauge to inspect for a 
gap. Depending on the results, this service information specifies 
procedures for replacing the M/R pitch link upper rod end assembly, 
completing an inspection report, contacting LHD [Leonardo Helicopters 
Division], and sending the removed M/R pitch link upper rod end 
assembly to LHD; or marking the letter ``R'' near the M/R pitch link 
upper rod end assembly serial number.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
its AD and the service information described above. The FAA is issuing 
this AD after determining that the unsafe condition described 
previously is likely to exist or develop on other products of these 
same type designs.

AD Requirements

    This AD requires accomplishing the actions specified in EASA AD 
2023-0071-E, described previously as incorporated by reference, except 
for any differences identified as exceptions in the regulatory text of 
this AD and except as discussed under ``Differences Between this AD and 
the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
EASA AD 2023-0071-E is incorporated by reference in this FAA final 
rule. This AD, therefore, requires compliance with EASA AD 2023-0071-E 
in its entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this AD. Using 
common terms that are the same as the heading of a particular section 
in EASA AD 2023-0071-E does not mean that operators need comply only 
with that section. For example, where the AD requirement refers to 
``all required actions and compliance times,'' compliance with this AD 
requirement is not limited to the section titled ``Required Action(s) 
and Compliance Time(s)'' in EASA AD 2023-0071-E. Service information 
referenced in EASA AD 2023-0071-E for compliance will be available at 
regulations.gov under Docket No. FAA-2023-1049 after this final rule is 
published.

Differences Between This AD and the EASA AD

    EASA AD 2023-0071-E requires a dimensional check before next 
flight, whereas this AD requires inspecting for a gap within four 
calendar days. EASA AD 2023-0071-E requires re-identifying an affected 
M/R pitch link upper rod end assembly that passed the dimensional 
inspection within 25 flight hours or at the next removal of an affected 
part, whichever occurs first, whereas this AD requires that action 
within 25 hours time-in-service.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency,

[[Page 32958]]

upon finding good cause, may issue a final rule without providing 
notice and seeking comment prior to issuance. Further, section 553(d) 
of the APA authorizes agencies to make rules effective in less than 
thirty days, upon a finding of good cause.
    An unsafe condition exists that required the immediate adoption of 
Emergency AD 2023-07-51, issued on March 31, 2023, to all known U.S. 
owners and operators of these helicopters. The FAA found that the risk 
to the flying public justifies foregoing notice and comment prior to 
adoption of this rule because the main rotor pitch link upper rod end 
assembly is critical to the control of a helicopter and failure of the 
main rotor pitch link upper rod end assembly could occur during any 
phase of flight without previous indication. The FAA has no information 
pertaining to how quickly the condition may propagate to failure. Thus, 
the required inspection must be accomplished within four calendar days. 
These conditions still exist, therefore, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 117 helicopters of U.S. 
Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates the following costs to comply with 
this AD.
    Inspecting an M/R pitch link rod end assembly will take about 1 
work-hour for an estimated cost of $85 per helicopter and up to $9,945 
for the U.S. fleet. Re-identifying an M/R pitch link upper rod end 
assembly will take a minimal amount of time with a nominal parts cost. 
Replacing an M/R pitch link rod end assembly will take about 2 work-
hours and parts will cost about $5,698, for an estimated cost of $5,868 
per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-10-05 Leonardo S.p.a.: Amendment 39-22441; Docket No. FAA-2023-
1049; Project Identifier AD-2023-00591-R.

(a) Effective Date

    This airworthiness directive (AD) is effective June 7, 2023.

(b) Affected ADs

    This AD replaces Emergency AD 2023-07-51, Project Identifier 
MCAI-2023-00551-R, issued on March 31, 2023.

(c) Applicability

    This AD applies to all Leonardo S.p.a. Model AB139 and AW139 
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code: 6200, Main Rotor 
System.

(e) Unsafe Condition

    This AD was prompted by a report of excessive play of the 
bearing installed in a main rotor (M/R) pitch link upper rod end 
assembly. The FAA is issuing this AD to detect incorrect 
installation of the bearing. The unsafe condition, if not addressed, 
could result in a crack in the M/R pitch link upper rod end 
assembly, failure of the M/R pitch link upper rod end assembly, and 
subsequent loss of control of the helicopter.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency Emergency AD 
2023-0071-E, dated March 31, 2023 (EASA AD 2023-0071-E).

(h) Exceptions to EASA AD 2023-0071-E

    (1) Where EASA AD 2023-0071-E refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2023-0071-E requires compliance in terms of 
flight hours, this AD requires using hours time-in-service.
    (3) Where paragraph (1) of EASA AD 2023-0071-E states, ``before 
next flight;'' for this AD, replace that text with, ``within four 
calendar days.''
    (4) Where paragraph (1) of EASA AD 2023-0071-E requires a 
dimensional check, this AD requires an inspection for a gap.
    (5) Instead of complying with paragraph (2) of EASA AD 2023-
0071-E, comply with the following: ``As a result of the inspection 
required by paragraph (1) of EASA AD 2023-0071-E, for this AD, if 
there is any gap that measures 0.5 mm or more between the M/R pitch 
link upper rod end assembly bearing and the pitch control lever 
assembly on either side, before further flight, remove the affected 
part, as defined in EASA AD 2023-0071-E, from service and replace it 
with a serviceable part, as defined in EASA AD 2023-0071-E.''
    (6) Where paragraph (3) of EASA AD 2023-0071-E states, ``Within 
25 flight hours, or at the next removal of an affected part, 
whichever occurs first;'' for this AD, replace that text with, 
``Within 25 hours time-in-service.''

[[Page 32959]]

    (7) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0071-E.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2023-
0071-E specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Special Flight Permits

    Special flight permits are prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in Sec.  39.19. In accordance with Sec.  39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to the 
attention of the person identified in paragraph (l) of this AD. If 
sending information directly to the manager of the International 
Validation Branch, mail it to the address identified in paragraph 
(l) of this AD or email to: [email protected]. If mailing 
information, also submit information by email.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Additional Information

    For more information about this AD, contact Dan McCully, Program 
Manager, International Validation Branch, FAA, 1600 Stewart Ave., 
Suite 410, Westbury, NY 11590; telephone (404) 474-5548; email 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) Emergency AD 
2023-0071-E, dated March 31, 2023.
    (ii) [Reserved]
    (3) For EASA AD 2023-0071-E, contact EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; internet easa.europa.eu. You may find the EASA 
material on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of 
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 
6N-321, Fort Worth, TX 76177. For information on the availability of 
this material at the FAA, call (817) 222-5110.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 17, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10996 Filed 5-19-23; 11:15 am]
BILLING CODE 4910-13-P